New Regina Trading Co. Ltd. v. Canadian Credit Men's Trust Assn. Ltd.

DUFF C.J.-We think this application should be dismissed.

co.VLT.

We agree entirely with the view expressed by Mr. Justice Martin in the court below (1) that the action does not fall within the description " proceedings under this Act" in section 174 of the Bankruptcy Act and, consequently, the provisions of that section have no application.

The application is dismissed with costs.

MONTREAL TRAMWAYS COMPANY

A

N *Oct. 24.

(DEFENDANT)

......................

AND

*May 8.

PAUL LPVEILLE (PLAINTIFF) ...........

RESPONDENT. ON APPEAL FROM THE COURT OF KING'S BENCH, APPEAL SIDE, PROVINCE OF

Negligence-Tramway-Pregnant mother-Fall from car-Company's fault admitted-Infant born with club feet-Right of infant to sue for damages after birth-Jury trial-Evidence-Reasonable inference- Whether deformity of the child's feet resulted from accident to mother.

The respondent's wife, being seven months pregnant, was descending from a tram car belonging to the appellant company when, by reason of the negligence of the motorman, she fell, or was thrown, from the car and was injured. Two months later she gave birth to a female child who was born with club feet. The respondent, as tutor to his child, brought an action against the appellant company, claiming that the deformity of the child was the direct consequence of the negligence of the appellant company by which the mother was injured. The action was tried with a jury who found in favour of the respondent and judgment for $5,500 was rendered accordingly, which was affirmed by a majority of the appellate court.

, that the judgment appealed from should be affirmed and the appeal dismissed.

*PRESENT:-Rinfret, Lamont, Smith, Cannon and Crocket JJ. (1) W.W.R. C.B.R.